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A14001 & Z14177, Staff Report for the Alexander Annexation and Zone Map
Amendment
NOTE: UPDATES TO THIS STAFF REPORT THAT HAVE BEEN MADE SINCE ITS
PRESENTATION TO THE ZONING COMMISSION ARE SHOWN IN RED.
Public Hearing Date: Alexander Annexation Zoning Commission meeting is on Tuesday,
August 05, 2014,
City Commission meeting is on Monday, August 25, 2014.
Project Description: Alexander Annexation A-14001 and Z-14177 requesting annexation
of approximately 2.137 acres and amendment of the City zoning map for the
establishment of a zoning designation of B-2 Community Business District.
Project Location: Northeast intersection of Springhill Road and Frontage Road (HWY 10)
and is bordered by Reeves Road, legally described as Lot 1A, Block 6, Walker
Property Subdivision a Planned Unit Development, located in Section 26, Township
1 South, Range 5 East P.M.M., Gallatin County, Montana.
Recommendation: Approval with terms of annexation and contingencies
Recommended Annexation Motion: Having reviewed and considered the staff report,
application materials, public comment, and all information presented, I hereby adopt
the findings presented in the staff report for application A14001 and move to
approve the Alexander Annexation with recommended terms of annexation, and
direct staff to prepare an annexation agreement for signature by the parties.
Recommended Zoning Motion: Having reviewed and considered the staff report,
application materials, public comment, and all information presented, I hereby adopt
the findings presented in the staff report for application Z14177 and move to approve
the Alexander Zone Map Amendment with contingencies required to complete the
application processing.
Report Date: August 1, 2014
Staff Contact: Chris Saunders, Policy & Planning Manager
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
Unresolved Issues
None
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Project Summary
The owners of the subject property, legally described above, are requesting annexation and
initial zoning of approximately 2.137 acres. The property is generally located at the
northeast corner of Springhill Road and Frontage Road (HWY 10) and is bordered by Reeves
Road. The owner’s are requesting an initial City zoning of B-2 Community Commercial
District for the property. The subject property is adjacent to the City of Bozeman to the
south and east and partially to north and east and is located within the planning boundaries of
the Bozeman Community Plan. The plan designates the property as Community Commercial
Mixed Use.
Alternatives
1) Approve the application as submitted.
2) Approve with an alternate zoning after making findings to support that action.
3) Disapprove the application.
Zoning Commission
The Zoning Commission unanimously recommended approval of the application as it was
submitted after conducting their public hearing on August 5, 2014. There was no public
comment received at the public hearing. The minutes of the Zoning Commission meeting are
attached.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 3
SECTION 2- RECOMMENDED TERMS OF ANNEXATION ............................................. 6
SECTION 3- RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT...... 7
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 8
Project Name: Alexander Annexation ................................................................................ 8
Project Name: Alexander Zone Map Amendment ........................................................... 8
SECTION 5 – ANNEXATION STAFF ANALYSIS AND FINDINGS ................................. 9
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SECTION 6 – ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS .......... 13
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 15
APPENDIX A – DETAILED PROJECT DESCRIPTION AND BACKGROUND ............. 15
APPENDIX B –REQUESTED RELAXATION/DEVIATIONS/VARIANCES ................... 16
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 16
APPENDIX D – PROJECT GROWTH POLICY AND PROPOSED ZONING................... 16
APPENDIX E - OWNER INFORMATION AND REVIEWING STAFF ............................ 18
FISCAL EFFECTS ................................................................................................................. 18
ATTACHMENTS ................................................................................................................... 18
SECTION 1 - MAP SERIES
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SECTION 2- RECOMMENDED TERMS OF ANNEXATION
The following terms of annexation are recommended to enable the application to comply
with the City’s Annexation Policy and the requirements of state law for the provision of
services.
Recommended terms of annexation:
1. An Annexation Map, titled “Alexander Annexation Map” with a legal description of the
property and any adjoining unannexed rights-of-way and/or street access easements
(including for portions of Reeves Road) shall be submitted by the applicant for use with the
Annexation Agreement. The map must be supplied on a mylar for City records (18" by 24"),
a reduced 8 ½" x 11" or 8 ½” by 14" exhibit for filing with the Annexation Agreement at the
County Clerk & Recorder, and a digital copy for the City Engineer’s Office. This map must
be acceptable to the Director of Public Works and City Engineer’s Office, and shall be
submitted with the signed Annexation Agreement.
2. That the applicant executes all contingencies and terms of said Annexation Agreement
with the City of Bozeman within 60 days of the City Commission action to annex the
property, or annexation approval shall be null and void.
3. That the documents and exhibits to formally annex the subject property shall be identified
as the “Alexander Annexation”.
4. That the applicant execute at the Gallatin County Clerk & Recorder’s Office in
conjunction with the annexation a waiver of right-to-protest creation of S.I.D’s for a City-
wide Park Maintenance District which would provide a mechanism for the fair and equitable
assessment of maintenance cost for City parks as a part of the Annexation Agreement.
5. The applicant shall provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the
following:
a. Street improvements to Springhill Road including but not limited to paving, curb and
gutter, sidewalk, and storm drainage improvements
b. Improvements to the intersection of Springhill Road and Frontage Road.
The document filed shall specify that in the event an SID is not utilized for the completion of
these improvements, the developer agrees to participate in an alternate financing method for
the completion of said improvements on a fair share, proportionate basis as determined by
square footage of property, taxable valuation of the property, traffic contribution from the
development, or a combination thereof.
6. The annexation agreement shall include notice that, prior to development, the applicant
will be responsible for installing any facilities required to provide full municipal services to
the property in accordance with the City of Bozeman’s infrastructure master plans and all
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city policies that may be in effect at the time of development, which were noted in the DRC
comments. This properties participation in the cost of the improvements must be negotiated between the applicant and the City of Bozeman at the time of development.
7. The applicant shall provide and file with the County Clerk and Recorder's office
executed Public Street and Utility easements for the following:
a. East half (50-ft) of Springhill Road (Minor Arterial Standard Right of Way). b. South half (30-ft) of Reeves Road (Local Standard Right of Way).
c. North half (50-ft) of Frontage Road (Minor Arterial Standard Right of Way).
8. At the time of future development the portion of Reeves Road fronting this property will
be required to be improved to a city standard local street including curb/gutter, boulevard, and sidewalk.
9. The transfer of water rights or the payment of cash in lieu of water rights shall be
provided in accordance to BMC section 38.23.180.
10. This property is located within the Bozeman Solvent Site Payback District (Commission Resolution 3519). The payback specifies that the property shall be assessed $0.082 per
square foot (plus the cost of the consumer price index adjustment). This assessment is due in
full to the City of Bozeman at the time of hook up to municipal water.
11. The land owners and their successors shall pay all fire, street, water and sewer impact fees at the time connection; and for future development, as required by Chapter 2, Bozeman
Municipal Code, or as amended at the time of application for any permit listed therein.
12. The applicant shall comply with all terms of the existing paybacks for installation of any
infrastructure including, roadways, water, sewer or storm mains that serve the property.
SECTION 3- RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment. These contingencies only apply in the event that the related
annexation request has previously been approved.
Recommended Contingencies of Approval:
1. That all documents and exhibits necessary to establish an initial municipal zoning designation shall be identified as the “Alexander Zone Map Amendment”.
2. That the Ordinance for the Zone Map Amendment shall not be approved until the Annexation
Agreement is signed by the applicant and formally approved by the City Commission. If the
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annexation agreement is not approved, the Zone Map Amendment application shall be null
and void.
3. That the applicant submit a zone amendment map, titled “Alexander Zone Map Amendment”, on a 24” by 36” mylar, an 8 ½” by 11” or 8 ½” by 14” paper exhibit, and a
digital copy of the area to be zoned, acceptable to the Director of Public Works, which will
be utilized in the preparation of the Ordinance to officially amend the City of Bozeman
Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent right-of-ways, and total acreage of the property.
4. That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds legal description prepared by a licensed Montana surveyor and
map of the area to be rezoned, which will be utilized in the preparation of the Ordinance to officially amend the zone map.
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Alexander Annexation
File: A-14001
Having considered the criteria established for an annexation, the Development Review
Committee (DRC) voted on July 16, 2014 to recommend approval of the requested
annexation.
The City Commission will hold a public meeting on the annexation on Monday, August 25,
2014. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin
at 6 p.m.
Project Name: Alexander Zone Map Amendment
File: Z-14177
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted. The Alexander Zone Map Amendment (ZMA) is in conjunction with
an Annexation request. Staff’s recommendation and staff responses are predicated on
approval of the annexation, File A-14001.
The Development Review Committee (DRC) considered the amendment on July 9th and 16th,
2014. The DRC did not identify any infrastructure or regulatory constraints which would
impede the approval of the application.
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The Zoning Commission will hold a public hearing on this ZMA on Tuesday, August 05,
2014 and forward a recommendation to the Commission on the Zone Map amendment. The
public hearing will be held at 121 N. Rouse Avenue, Bozeman at 6 p.m. The Zoning
Commission recommended approval of the application as submitted.
The City Commission will hold a public hearing on the zone map amendment on Monday,
August 25, 2014. The public hearing will be held at 121 N. Rouse Avenue, Bozeman at 6
p.m.
SECTION 5 – ANNEXATION STAFF ANALYSIS AND FINDINGS
In considering applications for approval of the requested annexation, the advisory boards and
City Commission shall consider the following:
Resolution 3907 Criteria
Resolution No. 3907 Goals
Goal 1: It shall be the goal of the City of Bozeman to encourage annexations of land
contiguous to the City.
The property in question is contiguous to the City limits on the south and west sides and is
partially contiguous on the north and east sides.
Goal 2: The City shall seek to annex all areas that are totally surrounded by the
City, without regard to parcel size.
The subject property is part of a county island which is totally surrounded by the City. The
application is for one of the three parcels making up that in-holding. There are two adjacent
parcels that will remain in the County’s jurisdiction. Annexation of the property will advance
this goal.
Goal 3: The City shall seek to annex all property currently contracting with the
City for services such as water, sanitary sewer and/or fire protection.
Not applicable. The property is not currently receiving services.
Goal 4: It shall be the goal of the City of Bozeman to require annexation of all land
proposed for development lying within the service boundary of the existing sewer
system as depicted in the Bozeman Growth Policy, and to encourage annexations within
the urban growth area identified in the Bozeman Growth Policy.
The property owner’s have not identified a development proposal at this time. The property
has been subdivided and could be readily developed as services are adjacent to the land. The
property is located within the City’s water and sewer service area and is within the identified
growth area for the City per Figure 3-1 of the Bozeman Community Plan.
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Resolution No. 3907 Policies
Policy 1: Annexations shall include dedication of all easements, rights-of-way for
collector and arterial streets, water rights, and waivers of right-to-protest against the
creation of improvement districts necessary to provide the essential services for future
development of the city.
The Recommended Terms of Annexation are provided in the Annexation Agreement and in
the above section of this report entitled “Section 2: Recommended Terms of Annexation”.
The proposed terms of annexation address this policy.
Policy 2: Issues pertaining to master planning and zoning shall be addressed in
conjunction with the application for annexation.
a. The initial application for annexation shall be in conformance with the current Bozeman
Growth Policy. If a Growth Policy Amendment is necessary to accommodate anticipated
uses, said amendment process may be initiated by the applicant and conducted concurrently
with the processing for annexation.
The property is designated “Community Commercial Mixed Use” on Figure 3-1 of the
Bozeman Community Plan. The zoning request of B-2 Community Commercial District in
conjunction with annexation is consistent with this designation. It has been determined that
no growth policy amendment is required.
b. Initial zoning classifications of the property to be annexed shall be determined by the City
Commission, in compliance with the Bozeman Growth Policy and upon a recommendation of
the City Zoning Commission, prior to final annexation approval.
The applicant has applied for a Zone Map Amendment (#Z-14177) to establish an initial
municipal zoning designation of 2.137 acres as B-2 Community Commercial District. The
Staff has no objection to the requested zoning.
c. The applicant may indicate his or her preferred zoning classification as part of the
annexation application.
The applicant/owner has indicated that they prefer a zoning designation of B-2 (Community
Commercial District), and that item is addressed further under that respective agenda item
and packet materials.
Policy 3: Fees for Annexation procedures shall be established by the City Commission. No
fee will be charged for any City-initiated annexation.
The appropriate application processing and review fees accompanied the application.
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Policy 4: It shall be the general policy of the City that annexations will not be approved
where unpaved county roads will be the most commonly used route to gain access to the
property.
The property proposed for annexation is surrounded on all sides by paved roadways, however
none of the existing roadways have curb or gutter improvements. The Frontage Road is a
limited access roadway; access to the property shall be required to be from Reeves Road
only. The developer shall be responsible for their share of improvements to these roadways
as part of the development process.
Note: The annexation and the placement of a zoning district designation on the property by
the City does not guarantee available services. Section 38.07.010.C of the Unified
Development Code states: “Placement of any given zoning district on an area depicted on the
zoning map indicates a judgment on the part of the city that the range of uses allowed within
that district are generally acceptable in that location. It is not a guarantee of approval for any
given use prior to the completion of the appropriate review procedure and compliance with
all of the applicable requirements and development standards of this chapter and other
applicable policies, laws and ordinances. It is also not a guarantee of immediate
infrastructure availability or a commitment on the part of the city to bear the cost of
extending services”.
Policy 5: Prior to annexation of property, it shall be the policy of the City of Bozeman to
acquire usable water rights, or an appropriate fee in lieu thereof, equal to the average
annual diversion requirement necessary to provide the anticipated average annual
consumption of water by residents and/or users of the property when fully developed on the
basis of the zoning designation(s). The fee may be used to acquire water rights or for
improvements to the water system which would create additional water supply capacity.
The property is of a size and development type that allows deferral of payment until future
development as authorized by Section 38.23.180, BMC. The annexation agreement includes
a provision addressing this requirement.
Policy 6: Infrastructure and emergency services for an area proposed for annexation will be
reviewed for the health, safety and welfare of the public. If it is found that adequate services
cannot be provided to ensure public health, safety and welfare, it shall be the general policy
of the City to require the applicant to provide a written plan for accommodations of these
services, or not approve the annexation. Additionally, annexation proposals that would use
up infrastructure capacity already reserved for properties lying either within undeveloped
portions of the City limits or lying outside the City limits but within the identified sewer or
water service area boundaries, shall generally not be approved.
City infrastructure and emergency services can be provided upon development of the
property. The City provides services to adjacent properties at this time. This property does
not intrude on capacity reserved for another property.
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Policy 7: It shall be the general policy of the City of Bozeman to require annexation of any
contiguous property for which city services are requested or for which city services are
currently being contracted.
The applicant has not provided development plans at this time. Municipal services will be
required as the property is within a controlled ground water area due to groundwater
contamination. The City’s sewer services are in close proximity. No services are currently
being contracted for the subject property. The provision of municipal services is the primary
focus of the annexation agreement which establishes the basic responsibilities for the private
parties and the City.
Policy 8: The annexation application shall be accompanied by mapping to meet the
requirements of the Director of Public Works.
Mapping to meet the requirements of the Director of Public works must be provided with the
Annexation Agreement. Typically, this includes an 18-inch x 24-inch mylar map, a reduced
8½-inch by 11 or 14-inch annexation map exhibit, and a digital copy containing the metes
and bounds legal description of said property. (Mapping requirements are addressed in
Recommended Term of Annexation # 1).
Policy 9: It shall be the policy of the City of Bozeman to assess a system development/impact
fee in accordance with Chpt. 2, Art. 6, Div. 9 Bozeman Municipal Code (Impact Fees), and in
accordance with the Bozeman Growth Policy and other policies as they are developed.
There are no existing buildings on the site. This policy will be addressed at the time of future
development.
Policy 10: Public notice requirements shall be in compliance with Montana Code
Annotated. In addition, notice shall be posted in at least one conspicuous location on the site
in question, and mailed to all owners of real property of record within 200 feet of the site in
question using the last declared county real estate tax records, not more than 45 days nor
less than 15 days prior to the scheduled action to approve or deny the annexation by the City
Commission, specifying the date, time and place the annexation will be considered by the
City Commission. The notice shall contain the materials specified by Section 38.40.020.A,
BMC. In addition, where a commonly identifiable street address is not visible on the
property to be annexed, the notice shall provide a map of the area in question so as to
indicate its general location and proximity to surrounding properties.
Notices of the public hearing have been sent and posted on the site as set forth under this
policy. Notice was also included as part of the related zoning change.
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Policy 11: Annexation agreements shall be executed and returned to the City within 60 days
of distribution of the annexation agreement, unless another time period is specifically
identified by the City Commission.
This policy item is specified in Recommended Term of Annexation #2. The agreement shall
be prepared upon action by the City Commission to approve the annexation.
Policy 12: When possible, the use of Part 46 annexations is preferred.
This annexation is being processed under Part 46 provisions.
SECTION 6 – ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for approval of a zone map amendment under this title, the
advisory boards and City Commission shall consider the following criteria. As an
amendment is a legislative action, the Commission has broad latitude to determine a policy
direction. The burden of proof that the application should be approved lies with the applicant.
In considering the following criteria the analysis must show that the amendment
accomplishes criteria A-D. Criteria E-K must be considered and may be found to be
affirmative, neutral, or negative. A favorable decision on the proposed application must find
that the application meets all of criteria A-D and that the positive outcomes of the
amendment outweigh negative outcomes for criteria E-K.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The current growth policy designation is Community Commercial Mixed Use. The
applicant is requesting an initial zoning designation of B-2 Community Commercial District,
which is consistent with the growth policy. No conflicts have been identified with the goals
and objectives of the growth policy. Staff supports the proposed initial zoning of B-2.
B. Secure safety from fire and other dangers.
Yes. The proposed zoning alters the zone map not any development standards. The change
to the map is not expected to affect these standards. The property is being annexed in
association with this zone map amendment. Annexation will make city fire and emergency
service protection available which will improve the level of service to this property.
C. Promote public health, public safety, and general welfare.
Neutral. The proposed zoning allows commercial development subject to annexation into the
City. Municipal services will be utilized for development. Staff does not anticipate the
proposed zoning to affect the public health, public safety and general welfare.
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D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Yes. Per the annexation agreement associated with this application, the developer will be
responsible to upgrade or extend needed infrastructure for development of the subject
property.
E. Reasonable provision of adequate light and air.
Neutral. The proposed zoning does not amend setbacks, park requirements or other
standards affecting this issue. The B-2 district has been found to satisfactorily meet this
criterion.
F. The effect on motorized and non-motorized transportation systems.
Neutral. The transportation system currently in place is adequate to carry anticipated traffic
from the proposed zoning.
G. Promotion of compatible urban growth.
Yes. The proposed zoning applies a district determined to be acceptable for urban
characteristics. The site is located within the urban service areas for all municipal services.
The location is within the Bozeman Community Plan development area. The development of
the area in commercial uses will be subject to municipal standards for urban development.
Additionally, adjacent properties to the north and east have compatible zoning designations.
The properties are developed with a gas station (county), car wash (city, B-1 zoning), office
and retail businesses (county) and a motel (city, B-1 zoning). South of the subject property is
Interstate 90, zoned M-2, and west of the property is a commercial plant nursery located in
the county. Future commercial development will be compatible with these uses. The
question becomes whether the property should have an initial zoning of B-1, similar to
adjacent properties or B-2 which would allow a broader range of uses. In this case because
the property is located adjacent to the highway with existing commercial development
adjacency the requested B-2 zoning district is appropriate. Any future residential
development to the north and east would be buffered to the north and east by existing
commercial uses.
H. Character of the district.
Neutral. The property is presently vacant. The adjacent areas as discussed above are
established commercial uses. Development of this parcel will infill an area that has existing
infrastructure in proximity. Any new development will be subject to the B-2 and Entry
Corridor zoning standards as well as the Bozeman Community Plan for Community
Commercial Mixed Use. The Walker Property Planned Unit Development applies to this
property and the properties to the north and east. The design guidelines established with the
PUD will coordinate between properties and is a substantial factor in determining the
character of the district.
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I. Peculiar suitability for particular uses.
Yes. The property is proposed to be rezoned to B-2. Commercial development is appropriate
for the location. While there are several other commercial districts which could also be
appropriate, the B-2 district seems to be the most suitable. The properties location between
the Interstate/Frontage Road and existing commercial development make the site of peculiar
suitability for a particular use, in this case commercial.
J. Conserving the value of buildings.
Yes. The proposed zoning do not affect existing commercial adjacent to the subject property.
Adjacent property is of similar zoning as that requested. The future development of the site
will be of a character that will conserve and not damage the value of adjacent property.
Review is of future development will occur through a site plan review process.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Neutral. The affected area is quite small compared to the overall jurisdictional area. The
change is unlikely to materially affect the overall distribution of uses.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION.
APPENDIX A – DETAILED PROJECT DESCRIPTION AND
BACKGROUND
The Alexander annexation and zone map amendment were submitted on June 18, 2014. The
site is approximately 2.137 acres located at the northeast corner of the intersection of
Springhill Road and Frontage Road (HWY 10). Staff researched the project and determined
that a growth policy amendment was not required as a part of this application.
A brief history of the project includes that the Walker Property PUD was approved in the
early 1990’s by the Bozeman City commission and was subject to the municipal zoning code.
Although the property at that time was outside of the City, and is only now being annexed,
the City had extraterritorial zoning authority in place. Developments outside of the official
City limits but within approximately 3 miles of town were reviewed by the Bozeman City-
County Planning Office and municipal zoning applied.
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The project site was, at that time, zoned as B-1. When the extraterritorial zoning was
terminated in July 1999, the County reestablished the same B-1 designation on that site
through their zoning authority. The present project now seeks to designate the property
within the City as B-2 Community Commercial.
APPENDIX B –REQUESTED RELAXATION/DEVIATIONS/VARIANCES
No relaxations, deviations or variances were requested by the applicant.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice was published in the legal section of the Bozeman Daily Chronicle on July 20 and 27,
2014. The site was posted on July 16, 2014. Notice was mailed to all property owners within
200 feet of the outer boundary of the site on July 16, 2014. Notice was provided at least 15
and not more than 45 days prior to the Zoning Commission public hearing on August 5, 2014
and the City Commission public hearing on August 25, 2014.
As of the writing of this report no public comment has been received. Any comments
received will be provided to review agencies prior to or at the public hearings.
APPENDIX D – PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as “Community Commercial Mixed-Use” in the Bozeman
Community Plan. The Plan indicates that:
Activities within this land use category are the basic employment and services necessary for
a vibrant community. Establishments located within these categories draw from the
community as a whole for their employee and customer base and are sized accordingly. A
broad range of functions including retail, education, professional and personal services,
offices, residences, and general service activities typify this designation.
In the “center-based” land use pattern, Community Commercial Mixed Use areas are
integrated with significant transportation corridors, including transit and non-automotive
routes, to facilitate efficient travel opportunities. The density of development is expected to
be higher than currently seen in most commercial areas in Bozeman and should include
multi-story buildings. A Floor Area Ratio in excess of .5 is desired. It is desirable to allow
residences on upper floors, in appropriate circumstances. Urban streetscapes, plazas,
outdoor seating, public art, and hardscaped open space and park amenities are anticipated,
appropriately designed for an urban character. Placed in proximity to significant streets and
intersections, an equal emphasis on vehicle, pedestrian, bicycle, and transit circulation shall
be provided. High density residential areas are expected in close proximity. Including
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residential units on sites within this category, typically on upper floors, will facilitate the
provision of services and opportunities to persons without requiring the use of an
automobile.
The Community Commercial Mixed Use category is distributed at two different scales to
serve different purposes. Large Community Commercial Mixed Use areas are significant in
size and are activity centers for an area of several square miles surrounding them. These are
intended to service the larger community as well as adjacent neighborhoods and are
typically distributed on a one mile radius. Smaller Community Commercial areas are usually
in the 10-15 acre size range and are intended to provide primarily local service to an area of
approximately one-half mile radius. These commercial centers support and help give identity
to individual neighborhoods by providing a visible and distinctive focal point.
They should typically be located on one or two quadrants of intersections of arterials and/or
collectors. Although a broad range of uses may be appropriate in both types of locations the
size and scale is to be smaller within the local service placements.
Mixed use areas should be developed in an integrated, pedestrian friendly manner and
should not be overly dominated by any single land use. Higher intensity employment and
residential uses are encouraged in the core of the area or adjacent to significant streets and
intersections. As needed, building height transitions should be provided to be compatible
with adjacent development.
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of “B-2” (Community Business District) in association
with the annexation of the property. The intent of the B-2 Community Business district is to
provide for a broad range of mutually supportive retail and service functions located in
clustered areas bordered on one or more sides by limited access arterial streets. Commercial
zoning districts are intended to establish areas within the city that are primarily commercial
in character and set fourth certain minimum standards for development. The B-2 district
allows for a wide range of land uses on the subject property.
The subject property is also located in the Bozeman Entryway Corridor Overlay District.
The intent of this district is to ensure that the quality of development in this district will
enhance the impression and enjoyment of the community by guiding development and
change, and by stimulating and assisting improvements in signage, landscaping, access and
other contributing elements of entry corridor appearance and function.
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Staff Report for the A14001 Alexander Annexation and Z14177 Zone Map Amendment
Page 18 of 18
APPENDIX E - OWNER INFORMATION AND REVIEWING STAFF
Owner: Springhill Holdings LLC, Attn: Dan Alexander, 145 Jeana Lei Ct, Bozeman, MT
59715-7849, dana@storydist.com
Applicant: Same as above.
Representative: Madison Engineering, Attn: Chris G. Budeski, PE, 895 Technology Blvd
Suite 203, Bozeman, MT 59718, 406-586-0262, chris@mad-eng.com
Report By: Chris Saunders, Policy and Planning Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this zone map amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials
Minutes of the Zoning Commission, August 5, 2014
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MINUTES
CITY OF BOZEMAN ZONING COMMISSION,
CITY COMMISSION ROOM, CITY HALL
121 NORTH ROUSE AVENUE TUESDAY, AUGUST 05, 2014 6:00 P.M.
For Minutes linked to the video of this meeting, please go to: http://www.avcaptureall.com/Sessions.aspx#session.195adf25-580c-4f18-85df-04db0e09f632
ITEM 1. CALL TO ORDER AND ATTENDANCE
Zoning Commission Erik Garberg - Present
George Thompson- Present
Dan Stevenson - Present
Laura Dornberger - Present
City Staff
Mayor Jeff Krauss
Planner Tom Rogers
Public
Chuck Archer
Chris Budeski, Madison Engineering
Matt Ekstrom, Morrison-Maierle Trevor McSpadden, Morrison-Maierle
ITEM 2. PUBLIC COMMENT (Limited to any public matter within the jurisdiction of the Zoning
Commission and not scheduled on this agenda. There is a three-minute time limit per speaker.)
No comment forthcoming.
ITEM 3. MINUTES OF JULY 01, 2014 00:00:46
Mayor Krauss noted the minutes of July 1st state he abstained from a vote, but wanted it noted that as
a Commission Liaison, he is a non-voting member.
00:01:52 Commissioner Thompson would like more of the substance of the Commissioners’ comments
recorded in the minutes. Perhaps buy transcription software.
Minutes approved with amendments. ITEM 4. PROJECT REVIEW
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1. Alexander Zone Map Amendment Application Z14177 (Saunders)
A Zone Map Amendment Application requested by the property owner Springhill Holdings,
LLC, 145 Jeana Lei Ct. Bozeman MT 59715, represented by Madison Engineering, 895
Technology Blvd., Bozeman MT 59718 to amend the zoning map to add approximately 2.137 acres and B-2 (Community business District) zoning designation for Lot 1A Block 6 of the Amended Plat of the Walker Property subdivision, located on Springhill Road and
Frontage Road (Highway 10), in Bozeman as allowed by Article 38.37 of the Bozeman
Municipal Code. The property is described as Lot 1A of Minor Subdivision 221E, located in
Section 26, Township 1S, Range 5E, P.M.M., City of Bozeman, Gallatin County, Montana. The project is generally located on the southwest intersection of Valley Center Road and North 27th Avenue.
00:03:44
Planner Rogers presented the staff report for Planner Saunders, who was unable to attend the meeting.
Planner Rogers concluded the staff presentation and was available for Commissioner questions. No
questions forthcoming.
6:00 min Chair Garberg opened for the Applicant presentation. Chris Budeski, Madison Engineering,
represented the applicant. Mr. Budeski noted that the Applicant, Dan Alexander, had a previous
engagement and was unable to attend. Mr. Budeski explained why the Applicant chose B-2 zoning
instead of B-1 zoning, stating: 1) The property is adjacent to a State Highway. B-2 zoning is encouraged when adjacent to a major
arterial road, and;
2) The Walker Subdivision PUD had very specific standards for developing the property. Mr. Budeski concluded his presentation. Chair Garberg opened for Commissioner questions to the
Applicant’s representative. No questions forthcoming.
00:08:22 Chair Garberg opened the Public Hearing. No comments forthcoming.
00:08:29
Public Hearing closed and Chair Garberg opened for Motion, Discussion and Vote. A question was
asked whether motions are to be made separately for the annexation and zoning. Planner Rogers stated the Zoning Commission does not make/vote on motions for annexations. They are only being asked to look at the initial zoning.
Motion
Dan Stevenson: Motion
George Thompson: 2nd
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Having reviewed and considered the staff report, application materials, public comment, and all
information presented, I hereby adopt the findings presented in the staff report for application
Z14177 and move to approve the Alexander Zone Map Amendment with contingencies required to
complete the application processing.
00:09:40
Chair Garberg opened for Commissioner Stevenson to speak to his motion. Commissioner
Stevenson stated he believes this is a great piece of property to annex to city limits and to develop.
Vote Chair Garberg opened for vote.
Chair Garberg: Aye
Commissioner Thompson: Aye Commissioner Stevenson: Aye
Commissioner Dornberger: Aye
Motion carries unanimously. Item #1 will be on the August 25th Commission agenda.
2. The Springs Living ZMA Z14188 (Saunders)
A Zone Map Amendment application requested by the property owners Dan & Marlyn
Properties Inc, 220 Sacajawea Peak Drive, Bozeman MT 59718-9392 and Roger B. Hamilton
Trust, 4228 S. Marsala Ave., Meridian ID 83642-9096, Applicant The Springs Living, 640
NE 3rd Street, McMinnville, OR 97128, represented by Morrison-Maierle Inc, PO Box 1113,
Bozeman MT 59718 to amend approximately 5.9 acres from B-1 (Neighborhood Service
district) to B-2 (Community business District) as allowed by Article 38.37 of the Bozeman
Municipal Code. The project is generally located 2632 Catron Street and 3072 N. 27th
Avenue, the intersection of Catron Street and N. 27th Avenue. The property is legally
described as Lots 1 & 2, Block 4, Cattail Creek Subdivision.
00:10:28
Planner Rogers presented the staff report for Planner Saunders.
00:13:03
Planner Rogers conclude his staff report and was available for questions. Commissioner Thompson
asked if N. 27th is considered an arterial and what is the traffic volume? Planner Rogers did not know
but said the Engineering Department determined that the slight increase from B-1 to B-2 would not
impinge any possibility for future development, including transportation needs.
00:15:38
Chair Garberg opened for the Applicant Presentation. Matt Ekstrom, Morrison-Maierle spoke for the
Applicant and was available for questions. No questions forthcoming.
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00:16:05
Chair Garberg opened the public hearing. No comment forthcoming. Public hearing closed.
Motion
Chair Garberg opened for discussion, motion, vote.
Commissioner Dornberger: Motion
Commissioner Thompson: 2nd
Having reviewed and considered the application materials, public comment, and all the information
presented, I hereby adopt the findings presented in the staff report for application Z14188 and move to
approve the zone map amendment with contingencies.
00:16:50
Chair Garberg opened for Commissioner Dornberger to speak to the motion. No comments from
Commissioner Dornberger.
00:16:58
Mayor Krauss spoke to the difficulty of zoning this area of Cattail Creek Subdivision, especially
since it’s behind a big box store and fronts N. 27th and is next to a creek. Commissioner Thompson
spoke to service access to the B-2 site behind a big box store and asked about possible complaints
from neighbors regarding trucks coming and going.
Vote
Chair Garberg opened for vote.
Chair Garberg: Aye Commissioner Thompson: Aye Commissioner Stevenson: Aye
Commissioner Dornberger: Aye
Motion carries unanimously. Item #2 will be on the August 25th Commission agenda.
00:19:26 ITEM 5. NEW BUSINESS No new business has been advertised or noticed. No new business forthcoming.
00:19:43 ITEM 6. ADJOURNMENT This meeting is open to all members of the public. If you have a disability that requires assistance, please
contact ADA Coordinator, James Goehrung, at 582-3200 (voice) or 582-2301/582-2432 (TDD).
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